In Arizona can I fire an employee for testing positive for marijuana?
A recent case involving a major retail chain fired an Arizona employee for testing positive for marijuana despite the fact that they possessed a medical marijuana card and disclosed that information prior to taking a urinalysis. The company claimed that they were protected under the state’s Drug Testing of Employees Act, but the judge ruled that the company couldn’t prove if the employee was impaired at work. It’s advisable that employers do not terminate Arizona employees who hold a valid medical marijuana card based solely off of a positive marijuana drug test result. Companies’ should ensure that they provide employee education and reasonable suspicion training for managers, implement a medical disclosure policy, and establish a documentation process. If a terminated employee later sues for wrongful termination, this documentation and an established process, could be a deciding factor in your case.
How long does a failed drug test stay on DISA?
If an employee fails a drug test through DISA's program, it will remain on their account indefinitely. Depending on the industry and/or workplace policy, employees have the opportunity to complete a Return-to-Duty test and process. However, once a Return-to-Duty program is completed, the failed drug test will still remain on the individual's account indefinitely due to owners with zero tolerance.
Can an employee test positive for marijuana from second hand smoke?
Cut-off levels have been established to rule out passive or second hand smoke inhalation. Clinical studies have been conducted to establish the cut-offs, and the studies concluded that it is extremely unlikely for an individual to test positive due to passive or second hand smoke inhalation.
Can I hire someone with an invalid result?
An invalid test result is acceptable except in the following cases:
- The employer needs a negative test result (DOT and Consortium Pre-Employment, Return-to-Duty)
- The MRO has instructed a recollection and/or medical evaluation
Return-to-Duty and SAP referrals are relevant to non-negative results so, if an employee is restricted due to an invalid test result that employee should not be subject to an RTD program (unless the client’s corporate policy indicates otherwise).